Archive Decision

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Timaru HRC 3 November 2018 – R 9 – Chair, Mr D Anderson

ID: JCA13176

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr S Payne - Junior Driver

Other Person:
Mr R Quirk - Stipendiary Steward

Information Number:
A10879

Hearing Type:
Hearing

New Charge:
Excessive whip use

Rules:
869(2) and Whip Regulations

Plea:
admitted

Meet Title:
Timaru HRC - 3 November 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
SChing

Race Date:
2018/11/03

Race Number:
R 9

Decision:

As Mr Payne admitted the breach the charge was found proved.

Penalty:

Mr Payne is fined $300.

Facts:

Following the running of Race 9 the “More FM Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Junior Driver Mr S Payne. The information stated: Mr Payne (FLASHING DIAMOND) used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Payne signed the information stating he admitted the breach and that he did not want to be present at the hearing.

Mr Renault stated that Mr Payne was offered assistance from a senior horseman but this offer was declined.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault used the race video, with the assistance of Mr Quirk, to identify Mr Payne driving (10) FLASHING DIAMOND, racing mid field approaching the home straight and using his whip 14 times in the run to the finishing post.

Mr Renault stated Mr Payne agreed with the count of 14 strikes as did the Committee.

Submissions for Penalty:

Mr Renault said Mr Payne had a clear record under this rule in the last 12 months. He said the sliding scale for 14 strikes called for a fine of $300 and the Stewards were seeking that as penalty.

Reasons for Penalty:

The JCA Penalty Guidelines provides the sliding scale for a 14 to 16 strike breach as a $300 fine, mitigation inclusive.

The Committee considered this to be an appropriate penalty in this case.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 4dee9bd531ad8d0350f92ff0774ee2a5


informantnumber: A10879


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive whip use


plea: admitted


penaltyrequired: 1


decisiondate: 05/11/2018


hearing_title: Timaru HRC 3 November 2018 - R 9 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 9 the “More FM Mobile Pace”, an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869(2) by Junior Driver Mr S Payne. The information stated: Mr Payne (FLASHING DIAMOND) used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.

Mr Payne signed the information stating he admitted the breach and that he did not want to be present at the hearing.

Mr Renault stated that Mr Payne was offered assistance from a senior horseman but this offer was declined.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.

The Use of Whip Regulation (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Renault used the race video, with the assistance of Mr Quirk, to identify Mr Payne driving (10) FLASHING DIAMOND, racing mid field approaching the home straight and using his whip 14 times in the run to the finishing post.

Mr Renault stated Mr Payne agreed with the count of 14 strikes as did the Committee.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Payne admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Renault said Mr Payne had a clear record under this rule in the last 12 months. He said the sliding scale for 14 strikes called for a fine of $300 and the Stewards were seeking that as penalty.


reasonsforpenalty:

The JCA Penalty Guidelines provides the sliding scale for a 14 to 16 strike breach as a $300 fine, mitigation inclusive.

The Committee considered this to be an appropriate penalty in this case.


penalty:

Mr Payne is fined $300.


hearing_type: Hearing


Rules: 869(2) and Whip Regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr S Payne - Junior Driver


Otherperson: Mr R Quirk - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 30df1fcaa9d177a590246863dae83a22


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1fd6988af96d35e35d6327671a82e868


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/11/2018


meet_title: Timaru HRC - 3 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: SChing


meet_pm2: none


name: Timaru HRC